Employment & Labor

By Gary Savine on May 20, 2019

Law aims to close legal loopholes that hide harassment concerns from public view. In the past few weeks, Illinois Legislators have been working feverishly to advance SB1829, the Workplace Transparency Act. In an already busy legislative session filled with worker-friendly initiatives, the bill has already passed the Senate and is advancing rapidly through the House, picking up scores of sponsors along the way. The bill would: Mandate annual sexual harassment training and prescribe the content…

Law and the Workplace

Dallas, Texas Enacts Paid Sick Leave Law, But Its Future Remains in Question

By Allan Bloom, Laura Fant & Arielle E. Kobetz on May 20, 2019

The Dallas, Texas City Council has enacted a sick leave ordinance that would require employers to provide eligible employees with paid leave for certain medical and safety-related needs. It remains to be seen, however, whether the ordinance will ultimately take effect. As we have previously reported, in late 2018, a Texas appellate court ruled that a similar paid sick leave ordinance enacted in Austin violated the Texas Minimum Wage Act and the Texas Constitution…

Hunton Employment & Labor Perspectives

Court Rules: Continued Employment Supports Consent To Arbitrate

By Debra Urteaga & Roland M. Juarez on May 20, 2019

Labor and employment_Places_Skyline, Los Angeles, California

On April 10, 2019, the California Court of Appeals, Second District, in Diaz v. Sohnen Enterprises, 2019 S.O.S. 1722, ruled that an employee impliedly consents to an arbitration agreement by simply continuing to work, despite never signing the arbitration agreement and even outright rejecting it. Prior to distributing arbitration agreements to its employees, Sohnen notified them that it was adopting a new dispute resolution policy requiring arbitration of all claims and specified that continued employment…

Proskauer Whistleblower Defense

Update on Bofl SOX Whistleblower Litigation

By Lloyd B. Chinn, Pinchos Goldberg & Annabel Pollioni on May 20, 2019

This is an update on our previous blog posts regarding the Erhart v. BofI Holding, Inc. case. We previously reported in October 2017 and March 2017 on a whistleblower litigation brought by Charles Erhart, a former Bank of Internet Holding, Inc. (Bofl) internal auditor. In late 2018, the parties filed cross-motions for judgement on the pleadings, including but not limited to Erhart’s SOX retaliation claim. Bofl specifically alleged that Erhart failed to exhaust his administrative…

Trade Secrets & Employee Mobility

What Can You Do in California to Protect Your Workforce and Trade Secrets?

By Epstein Becker & Green, P.C. on May 20, 2019

Webinar – Wednesday, June 26, 2019, 12:00 p.m. – 1:00 p.m. PDT California, the Golden State, is a special place to live and work. However, if you are an employer in California, you have most likely heard warnings of what you cannot do in terms of protecting your workforce and trade secrets and preventing unfair competition. While the rules of the road are different in California, employers are not without tools to protect their resources.…

Ohio Employer Law Blog

The 11th nominee for the “worst employer of 2019” is … the 💩y supervisor

By Jon Hyman on May 20, 2019

From the legaladvice subreddit: So background, I have IBS and sometimes have to go the bathroom multiple times per work day. My supervisor doesn’t believe I am legitimately using the bathroom, so he said today at the end of the day today if I don’t send him a picture or otherwise prove that I used the bathroom, I will lose 15 minutes of paid time. What sort of recourse do I have? Let’s play…

Who Is My Employee?

Say It Like You Mean It! NLRB Says Uber Drivers are Independent Contractors

By Todd Lebowitz on May 20, 2019

Section 223 looks delicious! I was in Phoenix last week and saw this sign at a Diamondbacks Game. The seats in Section 223 were probably plastic and hard to chew but otherwise looked pretty tasty. Still, I don’t think I could eat more than a few at a time. Ok, I know what the sign intended, but my reading is a fair one too. Right? The message wasn’t quite clear. The NLRB was much more…

Who Is My Employee?

Say It Like You Mean It! NLRB Says Uber Drivers are Independent Contractors

By Todd Lebowitz on May 20, 2019

Paid Sick Leave @ Work

Excessive Absence Day Today; Some Likely Fraudulent

By Mike Soltis on May 20, 2019

It’s likely that some employees in your workforce called out sick today because they were watching the Game of Thrones finale last night. A recent study found that more than 10 million employees.will not report to the office today due to activities related to the Game of Thrones finale. If that occurs, the finale will join the Super Bowl and Oscars as entertainment events that instigate widespread absenteeism the day after. Some percent of this…

Paid Sick Leave @ Work